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 DUI is one of the most burdensome offenses an otherwise law abiding person can face. It is a serious infraction with extremely complex consequences. If you have been arrested for DUI, you likely have many pressing questions like:
- Will you lose your drivers license?
- Are you facing jail time?
- Can you beat the charge?
- Were the police justified in stopping you?
Under any circumstances, a DUI arrest can have a significant impact on your life. This is especially true in Pennsylvania, where, in 2004, the DUI statutes where substantially revised and harsher penalties imposed. Under the current law in PA:
- You may be charged with DUI if your blood alcohol level is .08%
- A minor may be charged with DUI if their blood alcohol is .02%
- If you refuse to take a breath, blood or urine test after being arrested for DUI in Pennsylvania, your license will be suspended for a period of not less than 1 year and a 3 days mandatory incarceration. An appeal of the suspension must be made within 30 days of your receiving the notice of suspension from the Department of Transportation.
- The penalties for a conviction for a repeat offender can mean substantial jail time and the loss of civil rights.
In Delaware, the DUI laws are equally as tough. Under DE law:
- You may be charged with a DUI if your blood alcohol level is 0.08%.
- Persons under the age of twenty one (21) may be charged with a DUI if their blood alcohol level is 0.02%.
- Refusal to take a breath, blood or urine test after being arrested for DUI in Delaware may result in the suspension of your driver's license for a period of at least one year.
- For a first offense, you may face fines from $230 to $1,150 or imprisonment for no more than 6 months or both and shall be required to complete an alcohol evaluation and a course of instruction and/or rehabilitation program.
- For a second offense, you may face fines of no less than $575 to $2,300 and imprisonment not less than 60 days nor more than 18 months.
- For a third offense, you may be guilty of a class G felony, fined no less than $1,000 to $3,000 and imprisoned not less than one year nor more than two years.
If you are charged with DUI it is very important that you contact an attorney immediately. At Shields & Hoppe, our attorneys have extensive experience representing clients who have been charged with DUI/DWI and are very familiar with all the intricacies and nuances involved with DUI offenses. We will be able to help you through the process with the goal, if possible, of helping you to keep your license, stay out of jail and, ultimately, prevail at trial.
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